Hotels & Restaurants / Alcohol Liability

Hotel Restaurant Issues

There are very few markets that specialize in hotels and restaurants. They pose a relatively high risk from a property, crime and liability standpoint.

In the past few years liability issues particularly host liquor liability have become concerns due to developments in the following areas:

  1. liability to patrons while drinking on the premises;
  2. liability to patrons after they leave the premises;
  3. liability to an innocent party injured by an intoxicated patron on the premises;
  4. liability to an innocent third party injured by an intoxicated patron who leaves the premises drunk.

Most of the developments have occurred in item 4. above, with various stories hitting the news.

Premises liability is also a concern following some of the large hotels fires / collapses and resultant multiple injuries and deaths.

In Manitoba, liability arising from sale of alcohol is reduced by the fact that the right to sue the at fault driver for automobile accidents is removed and replaced by statutory benefits under the Personal Injury Protection Plan (part of the compulsory government auto program). Other sources of claims remain; e.g. occupiers liability.

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